Burroughs v. State

Docket number
130, 144

Ruled that the constitutional right to bail permits the attachment of unaffordable financial conditions to a dangerous defendant’s pretrial release. The Court further held that “the determination to set cash bail must be supported by clear and convincing evidence that (i) the defendant is a flight risk or poses a substantial risk to the community, victims, witnesses, or other persons, and (ii) nonmonetary conditions of release will not alleviate that risk. When such evidence is adduced, the setting of cash bail-even at an amount that the defendant may not be able to afford-does not offend the ”sufficient sureties" clause found in Article I, § 12 of the Delaware Constitution."

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